Maintenance Agreement for a Product
Agreement made on the (date), between (Name of Customer) of (street address,
city, state, zip code), referred to herein as Customer, and (Name of Maintenance
Provider), a Customer organized and existing under the laws of the state of
______________, with its principal office located at (street address, city, state, zip
code), referred to herein as Provider.
For and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the parties agree as follows:
I. Subject Matter and General Description of Services and Agreement
This Maintenance Agreement applies to (description of product), hereinafter
called the Product. The total amount of consideration for the services provided under
this Agreement by the Customer for this promise of maintenance services is
$____________. All maintenance services will be performed according to the
Maintenance Provider's Standard Maintenance Agreement rate schedule per product or
on a time and material basis. This Agreement will be for a period of (e.g., one year),
provided that either party will have the right to terminate the Agreement with (e.g., 30)
days written notice pursuant to the cancellation provisions stated below.
II. Definitions of Service
A. The Maintenance Provider will provide on an exchange basis modular
parts or replacement equipment shipped prepaid to the Customer. Customer
must prepay all shipping and insurance costs for the parts being returned. A
hotline technical support line will be available free of charge between (e.g., 9
a.m. and 5 p.m. EST) to anyone with a valid maintenance Agreement.
B. An authorized contractor (the Service Provider) of the Maintenance
Provider will provide on-site service repair for the Product at the installation site
of the Customer. Contingent upon the availability of a service technician, the
Maintenance Provider will use its best efforts to have a technician arrive at the
installation site within (number) hours after confirmation that service is required. If
the installation site is more than (number) miles from the stocking location of the
nearest authorized Service Provider, the Maintenance Provider has the option of
providing on-site service or providing an alternate means of system repair. If the
Customer has not registered the installation site at least (number) days prior to
requiring service, the Maintenance Provider has the option of providing on-site
service or providing an alternate means of system repair.
C. Emergency 24 hour services are not provided with standard maintenance
agreements and must be requested for an additional charge and terms.
Emergency technicians also will charge overtime service rates subject to a
minimum charge. Annual preventative maintenance services are included with
maintenance agreements at no additional charge. Maintenance agreements will
include only labor and parts that are necessary to service the equipment on a
basic level unless otherwise specified. Maintenance does not include equipment
which has become defective due to damage caused by accidents, misuse, abuse
acts of God and fires.
III. Service Provided
Maintenance services will be for the equipment identified above and for the term
indicated above. If the Product fails during normal and proper use within the
Maintenance Agreement period, the Maintenance Provider will either repair or replace
the unit at the sole determination of the Maintenance Provider. Repair parts provided
under this Agreement may be new, reconditioned or used. This Maintenance
Agreement does not include service to repair damage from improper installation or
modifications made by the Customer. THIS AGREEMENT DOES NOT COVER FAILURES
RESULTING FROM NORMAL WEAR AND TEAR.
IV. Service Claim Requirements
A. Customer must be registered with the Maintenance Provider including the
installation site and the product covered under this Agreement.
B. Customer must request information on how to obtain maintenance service
by contacting the Maintenance Provider's Technical Assistance Center at (street
address, city, state, zip code), (toll-free telephone number).
C. Upon confirmation that service is required, the Maintenance Provider will
ship parts or dispatch replacements within (e.g., four) hours if the request is
made during normal business hours. The service provider will use its best efforts
to ship within the (e.g., four) hours after notification.
D. Customer must within (e.g.,15) days ship prepaid the replaced modular
parts or replacement equipment in the packaging provided with the exchange
modular parts or replacement equipment. The packaging must be clearly
marked with the Customer number and transaction ID number. The Customer
agrees to pay for any replacement modular parts or equipment that is not
IV. On-Site Service
A. On-Site Maintenance becomes available only after acceptance of the
Customer within ten (10) days on the web-site registration. If repair is needed
during this time, a replacement unit will be shipped by express service.
B. Customer must request information on obtaining maintenance on-site
service by contacting the Maintenance Provider's Technical Assistance Center at
(street address, city, state, zip code), (toll-free telephone number).
C. Upon confirmation that On-Site Service is required, a service provider will
be requested. Contingent upon the availability of a service technician, best efforts
will be made to arrive at the installation site during the hours and days applicable
to the request and within (e.g., four) hours after notification.
D. Customer agrees to provide prompt access to the equipment and software
consistent with the